What exactly is a contract? More specifically, what is, or are, the contract(s) that we enter into when we finance our homes? What parts of the note can be negated when there is no mortgage to back up the note?
First, we must have an understanding of what the massive group of documents that they throw in front of us are and what their roll is when dealing with contract law. I am no lawyer and from what I have discovered, my idea of justice and the law’s are sometimes on opposite sides of the street, especially when it comes to mortgage fraud.
First we have the mortgage document. This is actually the document that places interest in your home, that if you default, the bank will have the right to repossess the home and is commonly referred to as a property lien. Next is the agreement, that contains all the verbiage necessary to make the mortgage legal. In our case, the forged document. This document also lists basic information that is agreed to in regards to the loan, (i.e., the amount borrowed, additional costs associated with the loan and commonly references other loan documents in the closing menagerie of paperwork that state the precise terms of the transaction, including repayment term, payment, and interest rate associated with the mortgage.) Got it.
Now riddle me this. If you have never seen the mortgage agreement, you have proved beyond a reasonable doubt that you were never given the opportunity to read it and proved forgery and fraud in the process; how are any of the other documents associated with the fraudulent document not void as well? You can throw in as many contracts as you want, but it is still one transaction that was transacted fraudulently.
The problem as I see it is that so many people have interjected into the plethora of laws that inundate our system, that every law contradicts itself. We won’t even discuss the unscrupulous lawyers that, though eloquent in speech, have the souls of trolls and twist the words to benefit the offenders; and because their employers pockets are deep, they can get away with it.
Now back to the question at hand. According to the law, this is now a promissory note. Now, how do I get around the fact that the note references the now avoided mortgage (you remember, the document I didn’t get the pleasure of reading or even having a copy of until nicely furnished by the bank when they wanted to foreclose illegally)? As a layman, middle America, semi-intelligent woman, I have a hard time grasping all this legally, morally and ethically. So let me get this straight. It is legal to have one transaction, where one component of the transaction has been deemed fraudulent and avoided, but the rest of the transaction is unaffected and it’s business as usual.
The laws of our homeland have been twisted into fragmented whispers of yesteryear with no resemblance of their past. We have allowed them to interfere and manipulate our freedoms. Our laws have been perverted all in the name of making (taking) money; done in secrecy to support the upper echelon of a crooked enterprise known as the banking industry. The government ignores what it can and the media follows suit. Contract law is a joke when it comes to the banking institutions that have the authority of kings over the backbone of America.
There used to be a time in this country where a mans word was his contract; a handshake sealed the deal. Now, very few can say their word is their contract and the only way to seal a deal is to sign your life away through a hand-cramping signing session of documents that it would take a lawyer hours to explain to any blue-collared American. We don’t enter into contracts with the banks; we enter into bondage. If you go up against them for a breach of contract we are like Daniel being thrown into the den of lions where your only hope is God.